By:AAKolkhorst

H.J.R.ANo.A69

A JOINT RESOLUTION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 that applying to the Congress of the United States to call a convention to propose an amendment to the United States Constitution providing that the power to regulate health and education is reserved to the states. WHEREAS, The federal government is engaged in unsustainable deficit spending to fund federally mandated but state-run programs such as Medicaid, and the continued growth in necessary spending on health and education strains the state budget; and WHEREAS, Constitution The Tenth all Amendment powers not to the United to the States federal

reserves

delegated

government to the states and the people but has proven insufficient to protect the rights of the several states from encroachment; and WHEREAS, clarify and Amendment of the United States Constitution the states to as

secure

certain

powers

delegated

to

provided by the Tenth Amendment, including the states ’ power to regulate health and education, is necessary to better ensure a more perfect union; and WHEREAS, The United States Constitution contains no express restriction on the power of the federal government to regulate the provision of health and education; and WHEREAS, Article V of the United States Constitution provides on application states of the legislatures call a of two-thirds for of the

Constitution for the exclusive purpose of proposing an amendment to the constitution providing that the power to regulate health and education, including the power to protect an individual ’s health and right to an education, is reserved exclusively to the states; and, be it further RESOLVED, further That the amendment the proposed by the convention both the

provide

that

amendment

supersedes

Necessary and Proper Clause and the Commerce Clause of Section 8, Article I, as applied to federal legislation regulating health and education and that the amendment does not limit any other power delegated to the states; and, be it further RESOLVED, That the amendment proposed by the convention

should further provide that, if the federal government collects taxes for the purpose of health or education, the federal

government must distribute the revenue from those taxes as aid to the several states as block grants permitting the states

discretionary use of the funds for health and education; and, be it further RESOLVED, That the amendment proposed by the convention

should prohibit the federal government from enacting laws that mandate how states must spend health and education funding or that tax individual behaviors, including inactivity, for the purpose of regulating health; and, be it further RESOLVED, legislature, this That, unless rescinded by the 82nd by a succeeding Legislature

application

Texas

2

H.J.R.ANo.A69 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 constitutes a continuing application in accordance with Article V of the United States Constitution until at least two-thirds of the legislatures of the several states have applied to Congress to call a convention to propose an amendment to the constitution to provide that the power to regulate health and education is reserved to the states, but if Congress proposes a constitutional amendment

identical in subject matter to that contained in this resolution, this application is no longer of any force; and, be it further RESOLVED, That the Texas secretary of state forward official copies of this resolution to the president of the United States, to the speaker of the House of Representatives and the president of the Senate of the Congress of the United States, and to all members of the Texas delegation to Congress with the request that this

resolution be officially entered in the Congressional Record as an application to Congress for a convention to propose an amendment to the United States Constitution to provide that the power to

regulate health and education is reserved to the states; and, be it further RESOLVED, That the Texas secretary of state forward official copies of this resolution to the secretaries of state and to the presiding officers of the legislatures of the several states with the request that they join this state in applying to Congress for a convention Constitution to to propose provide an that amendment the power to to the United States and

regulate

health

education is reserved to the states.

3

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